Separation Agreement/Court Order


#1

My husband and I have signed and had notarized a separation agreement 3 months ago stating that I have sole custody of children and he has visitation rights to them. As of yesterday he has not returned my daughter t me from his weekend visit. Question is Without this separation agreement being signed by a jusdge or having been to court can I get the police involved in getting my chld back?? Or do I have to go to court first? Once in court will I have a good chance at getting her back since he signed the agreement 3 months ago saying I have sole custody?? Also I have heard that you can get a judge to sign your separation agreement so that it is a “consent/court order”, is this true and if so how do I go about doing this? I am trying to avoid court here at all costs.


#2

You may attempt to involve the police, sometimes they will enforce a Separation Agreement, other times they want to see a court order.

If the agreement states that you have sole custody, he is in breach of the agreement and you may sue him for the same. You may have your agreement incorporated into the divorce decree at the time of divorce (thereby making it a court order) unless the language of the agreement prohibits you from doing so.